04 - Lic Agrmt - Wilson Auto Group

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(d) DWWRBB, Inc. warrants that it shall not interfere in any way with the ongoing environmental cleanup being undertaken on the CRA Property, and acknowledges and agrees that the Insurance (paragraph 2(e)) and Indemnity (paragraph 4) requirements of this Agreement apply to this warranty. (e) Prior to undertaking performance of work under this Agreement, DWWRBB, Inc. shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: i. Commercial General Liability Insurance. DWWRBB, Inc. shall maintain commercial general liability insurance naming the Agency and the City of Santa Ana and their respective officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of DWWRBB, Inc.'s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000.00 per occurrence from an insurance company licensed to do business in the State of California with an A.M. Best Company rating not lower than A-VII. DW WRBB, Inc. shall supply Agency with a fully executed additional insured endorsement in substantially the form approved by the Agency General Counsel. ii. The following requirements apply to the insurance to be provided by DWWRBB, Inc. pursuant to this section: • DWWRBB, Inc. shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. • Certificates of insurance shall be furnished to the Agency upon execution of this Agreement and shall be approved in form by the Agency General Counsel. • Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the Agency. iii. If DWWRBB, Inc. fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Agency with required proof that insurance has been procured and is in force and paid for, the Agency shall have the right, at its election, to forthwith terminate this Agreement. (f) DWWRBB, Inc. shall not permit any mechanics', materialmen's or other liens of any kind or nature ("Liens") to be filed or enforced against the Property in connection with this Agreement. DWWRBB, Inc. shall indemnity, defend and hold harmless Agency from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. Agency reserves the right, at its sole cost and '+ - 2